After a person dies it is necessary to determine whether it is necessary to file a Surrogate’s Court proceeding. Such filing would be in the form of either a Probate Proceeding or an Administration Proceeding. The Surrogate’s Courts are located in the various counties in New York. For example, there…
Probating a Will in New York requires strict adherence to statutory and procedural rules. The primary source of authority is the Estates, Powers and Trusts Law and the Surrogate’s Court Procedure Act. When a person dies and leaves a Last Will, there are many instances when family members or friends…
When a person dies without a Last Will and Testament he is said to have died intestate. In these cases there are two statutes in New York that must be referred to for primary consideration. Estates, Powers and Trusts Law (EPTL) section 4-1.1 entitled “Descent and distribution of a decedent’s…
The appointment of a Guardian in New York requires the commencement of a Guardianship Case in the Court. It may be difficult at times to determine the appropriate procedures and the proper Court concerning these matters. There are Guardianships under Article 17-A of the Surrogate’s Court Procedure Act (SCPA). Article…
When a person dies it is necessary to determine the individuals who have a right to inherit the estate assets. While this may at first seem to be an easy task, the fact is that in many cases the first identification of such persons may be complicated and time consuming.…
Probating a Will in New can often be an uncomplicated process. While there are many aspects to a probate case, in most instances the surviving family is cooperative and there is no controversy among the parties involved. However, New York Estate Lawyers are familiar with situations where there are disputes…
There are numerous instances where the identity and location of estate assets is a source of New York City Estate litigation in the Surrogate’s Court. An estate fiduciary such as an Executor has a fiduciary duty to collect and protect estate assets for the benefit of estate beneficiaries. If the…
An executor or administrator of a New York estate has the duty to identify and collect all of the assets belonging to a decedent. These assets include bank accounts, stocks, bonds, retirement accounts such as IRA’s, and real estate. Once these items are collected and the estate bills and claims…
When a person dies and the initial steps are taken to administer his estate, one of the first issues to be resolved is the domicile of the decedent. Domicile is an interesting topic and the determination of domicile can be very complicated. Essentially, it is the place where a person…
The Probate of a New York Last Will and Testament involves many issues. Procedures provided by the Surrogate’s Court Procedure Act (SCPA) as well as statues comprising the Estates, Powers and Trusts Law (EPTL) provide the basic rules regarding probate. For example, EPTL section 3-2.1 titled “Execution and attestation of…